Championed by Atty. Gen. Ken Cuccinelli II, and passed into law by the Nov. 6, 2012 ballot as the “The Virginia Eminent Domain Amendment,” SJ3 (and companion bill HJ3) overturns the 2005 Kelo v. City of New London U.S. Supreme Court decision by providing that private property can be taken or damaged only for a public use, only with just compensation to the owner, and only so much taken as is necessary for the public use. Just compensation must equal or exceed the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking.

Cuccinelli statement: “[Virginians are] enshrining in the Constitution of Virginia the protections they deserve from overzealous governments and the developers who use them to take away Virginians’ homes, farms, and small businesses. I have fought every year since the 2005 Kelo decision [by the Supreme Court] to strengthen property rights in the commonwealth…A property rights amendment to Virginia’s constitution is the ultimate protection Virginians need, and voters will finally have a property rights amendment….”

Sponsored by Rep. Kenneth Sumsion, HB511 authorizes cities and counties to exercise eminent domain authority on property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the United States Constitution Article I, Section 8, Clause 17.

Summary: Prohibits zoning regulations that impose an unreasonable burden on the exercise of religion, even if the government has a compelling interest, unless the proposed religious exercise violates religion-neutral zoning standards in effect when the zoning application was made. The First Amendment freedom to gather and worship on private property is protected. Government is not allowed to discriminate against religious groups. Churches across the state can continue to grow in rural and urban areas without being singled out for negative treatment by local government officials. Prevents the government from treating a religious organization differently than a non-religious organization in its zoning laws.

Sponsored by Rep. Christopher Herrod and signed into law by Gov. Herbert, the HB143 Eminent Domain Authority Law authorizes the state to exercise eminent domain authority on property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the United States Constitution Article I, Section 8, Clause 17.

Introduced by Rep. Christopher Herrod and signed into law by Gov. Gary Herbert, the HB143 Eminent Domain Authority Law authorizes the state to exercise eminent domain authority on property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the United States Constitution Article I, Section 8, Clause 17.